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What Should I Do After a Crash?
You should seek medical attention immediately following an accident regardless of whether you believe you have been injured. Injuries or indications of an injury, as diagnosed by your physician, can have a direct impact on the amount of compensation you may be awarded in your drunk driving lawsuit.
Following your medical evaluation, it is important to find a lawyer to handle your lawsuit. When seeking representation, it is vital that you choose an experienced attorney who regularly handles drunk driving cases. Our Atlanta attorneys understand the differences between drunk driving and other car accident cases and the proper way to present your case to the jury.
Punitive Damages in Drunk Driving Lawsuits
In Georgia, drunk driving accident victims are permitted to seek punitive damages. Awarded in addition to compensable damages (i.e. medical bills, lost wages), punitive damages are intended to punish the drunk driver for their reckless behavior and to deter similar behavior in the future. It is important to note that punitive damages apply exclusively to personal injury cases and may not be awarded in wrongful death claims.
Punitive damages are not awarded in all cases. The jury has discretion in awarding these damages. The decision will generally depend on the severity of the accident and resulting injuries, the blood alcohol of the drunk driver, and whether third parties may have contributed to the accident in some way.
Third Party Liability
Drunk drivers are not the only parties that can be held liable in the event of an accident.
Dram Shop: A bar or restaurant may be liable for the drunk driver’s actions if they sold alcohol to a minor or provided alcohol to a “noticeably intoxicated” adult who drove while intoxicated.
Social Host: Individual(s) (e.g. clubs, employers, fraternities, sororities) providing alcohol to those underage or serving a “noticeably intoxicated” guest may be liable for damages caused by the drunk driver.
Negligent Entrustment: A vehicle owner who negligently permits an individual who they knew or should have known was intoxicated may also be responsible for damage caused by the driver.
If you or a loved on has been hurt in a car accident caused by a drunk driver, the law may be able to help you. To learn how our Atlanta drunk driving attorneys can help you hold the drunk driver accountable, fill out our free case review form today.